Copyright Compendium

Search
Filters
Exact matches only
Search in title
Search in content
Chapter 100
Chapter 200
Chapter 300
Chapter 400
Chapter 500
Chapter 600
Chapter 700
Chapter 800
Chapter 900
Chapter 1000
Chapter 1100
Chapter 1200
Chapter 1300
Chapter 1400
Chapter 1500
Chapter 1600
Chapter 1700
Chapter 1800
Chapter 1900
Chapter 2000
Chapter 2100
Chapter 2200
Chapter 2300
Chapter 2400

506.4 Determining whether the Work is a Work Made for Hire

506.4 Determining whether the Work is a Work Made for Hire 506.4 (A) Applicant Makes the Determination


The applicant–not the U.S. Copyright Office–must determine whether the work is a work is made for hire, and this determination should be based on the facts that exist at the time when the work was created.


When examining a work made for hire the Office applies U.S. copyright law, even if the work was created in a foreign country, created by a citizen, domiciliary, or habitual resident of a foreign country, or first published in a foreign country. The U.S. Copyright Act is the exclusive source of copyright protection in the United States, and all applicants–both foreign and domestic–must demonstrate that a work satisfies the requirements of U.S. copyright law in order to register a work with the Office.


As a general rule, the registration specialist will accept the applicant’s representation that a work is a work made for hire, unless it is contradicted by information provided elsewhere in the registration materials or in the Office’s records or by information that is known to the specialist. If the claim appears unusual or implausible, the specialist may communicate with the applicant or may refuse registration.

[convertkit form=2550354]